Intellectual Property and Alchemy Studios™
The Realm™ IP. The interfaces, graphics (including without limitation The Realm™ Created Avatars and Modified Created Avatars, as defined in Section 2 of the Creator Terms), trademarks, design, information, artwork, data, code, products, software, and all other elements of the Platform(s), including the rights therein and any derivatives thereof, (“The Realm™ Intellectual Property” or “The Realm™ IP”) are protected by law and The Realm™ Terms. All The Realm™ IP is the property of The Realm™ and The Realm’s™ licensors being Alchemy Studios, LLC. The Realm™ IP includes Alchemy Studios™ which is owned by and licensed to The Realm™ by Creators under the Creator Terms. Except as allowed in The Realm™
Terms and any applicable Additional Terms
You may not use any The Realm™ or Vmax Broker’s IP contained in the Platform(s) unless you obtain separate permission in each instance from the owner. Alchemy Studios, LLC. reserves all rights in/to The Realm™ IP not granted in these The Realm™ Terms or elsewhere in Additional Terms.
If you are an affiliate, sponsor or advertiser and wish to use our word marks, logos, artwork please contact Alchemy Studios, LLC. By email or standard mail at: Alchemy Studios, LLC. 207 West Plant St. #770984 Winter Garden FL 34777 USA
Our Platform(s) contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) Creative Content™ and scan with facial recognition software on the Platform(s). For more information on these features, please also read Section 2 of the Creator Terms.
Any Avatar Published on the Platform(s) must comply with The Realm™ Terms, including Community Standards, and must not be illegal, digitally altered, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of others intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Except as otherwise described in The Realm’s™ or Vmax Broker’s Privacy Policy or any applicable Additional Terms,
(i) You agree any Avatar that you Publish will be considered non-confidential and non-proprietary, and
(ii) You grant The Realm™ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such content throughout The Realm™ in any media for any business purpose in connection with operating, providing, improving, or publicizing the Platform(s); however, The Realm™ will only share personal information that you provide in accordance with Vmax Brokers or The Realm’s™ Privacy Policy.
You Agree To
You represent and warrant that, at the time of Publishing your avatar that:
(i) You own or otherwise control all the rights in/to the Avatar in which you created or identify with
(i) Your Avatar is accurate and not severely altered, fraudulent or deceptive; and
(iii) Your Avatar does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity.
You understand that in certain situations your Avatar may be copied by other Users of the Platform(s) and discussed on and outside of the Platform(s).
If you do not have the right to submit your avatar for such use, Publishing such may subject you to liability. The Realm™ takes no responsibility and assumes no liability for any Avatar Published by you or any third party. The Realm™ has the right but not the obligation to monitor, modify, or remove any Avatar on its Platform(s), and it may exercise these rights at any time, without notice or liability to you or any third party.
Other NFT Platforms
On some NFT sites, some Instances allow for Users of that Platform to Publish Avatar within their Platform. Such Users who separately Publish an Avatar within a Platform hereby grant both The Realm™ and the Creator of the applicable Platform a worldwide, perpetual, royalty free, and irrevocable right and non-exclusive license to use and exploit the Alchemy Studios™ in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party. If such Users create a Modified Created Avatar (as defined in Section 2 of the Creator Terms), the User hereby assigns all right, title, and interest in that Modified Created Avatar to The Realm™; The Realm™ in turn grants a non-exclusive license to both User and Creator to use and exploit that Modified Created Avatar on the Platform(s) without any obligation (except those otherwise specified in these The Realm™ Terms), including any obligation to pay royalties or other compensation to any person.
Copyright Infringement And Digital Millennium Copyright Act (DMCA)
Notice:
We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Platform(s) infringes upon your copyrights, you may submit a notice pursuant to the DMCA by contacting our Copyright Agent by email at:
[email protected] or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA.
You may also contact us by phone at +1 (321) 201-6865. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative.
Your notice must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
1. A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
2. A description of the material that you claim is infringing and where it is located.
3. Your address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You Acknowledge
That if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.
Counter-Notice.
If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Copyright Agent by email at [email protected] or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA. You may also contact us by phone at +1 (321) 201-6865.
Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it.
Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.
Trademark Infringement
If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Platform(s) infringes upon your trademark(s), please submit a trademark infringement notice to our Trademark Agent at [email protected] or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA. You may also contact us by phone at +1 (321) 201-6865 When you contact us, please provide the following information in your notice:
An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark.
A description of the trademark right that you claim has been infringed.
A description of the content that you claim is infringing and where it is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.
Note that The Realm™ is not able to mediate disputes between Users, Members, Agents and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement usually within 24-48 hrs.
Repeat Infringer Policy
The Realm’s™ intellectual property policy is to:
(i) Remove or disable access to content that The Realm™ knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and,
(ii) In appropriate circumstances, suspend the accounts of and block access to the Platform(s) by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third parties.
Feedback
Any feedback, comments, or suggestions you may provide regarding or relating to the Platform(s) is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.